LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Shri Pratap Singh Sirohi Advocate on behalf of the applicants pertaining to F. I. R. No. 229/2009 at police station Khairthal district Alwar in the offence under Section 382 of IPC.

(2.) HEARD the learned counsel for the petitioners as also learned Public Prosecutor appearing for the State and perused the relevant material available on record.

(3.) LEARNED counsel for the petitioner has canvassed that they have been falsely implicated and are in no connected with the commission of the offence of the instant case. Both the complainant as also the petitioners worked together on a stone crusher. They took the motor-cycle of the complainant without asking him and returned the next day. Had the petitioners committed a robbery or snatched the motor-cycle, then they would have been armed with weapon but that is not the case, which clearly evince that they have been falsely dragged in the instant case. The offence is triable by the court of Judicial Magistrate, first Class, hence, they may be granted indulgence of bail.